Payments relating to deaths

Ref	Regulation	Description	Avon Pension Fund policy
31	R82(2) A52(2) L95	Whether to pay the whole or part of the amount that is due to the personal representatives (including anything due to the deceased member at the date of death) to: the personal representatives, or anyone appearing to be beneficially entitled to the estate without need for grant of probate / letters of administration where payment is less than amount specified in section 6 of the Administration of Estates (Small Payments) Act 1965. £5000 at the date of approval of this policy.	APF will normally make payments due in respect of deceased persons without the production of probate or letters of administration of estates, where the amounts due are below the amount specified in any order under section 6 of the Administration of Estates (Small Payments) Act 1965.
32	TP17(5) to (8), R40(2), R43(2) & R46(2) B23(2), B32(2), B35(2),TSch1 & L155(4) L38(1) 95E8 R17(12) -AVC reg	Decide to whom death grant is paid (including AVC, SCAVC and life assurance relating to AVC).	Where it is clear, having taken account of all the circumstances, APF will make payment in accordance with the member’s expression of wish. If no nomination has been made, then payment is made to the legal spouse, cohabiting partner, civil partner or next of kin. Where there is any doubt, the decision to whom payment is made will be delegated to the Pensions Operation Manager or Probate will be obtained.
33	R-Sch1 & TP17(9)(b) B25	Decide evidence required to determine financial dependence of cohabiting partner on scheme member or financial interdependence of cohabiting partner and scheme member.	APF will provide the appropriate parties with details of the evidence required to determine financial dependence or interdependence, which will include, but not be restricted to, items such as joint bank account statements, shared utility bills, joint mortgage arrangements, insurance policies and joint loans. Financial dependence or interdependence will be assessed and agreed on an individual case basis and where required, the final decision will be made by the Pensions Operation Manager.
34	TP3(6), TP4(6)(c), TP8(4), TP10(2)(a), TP17(2)(b) & B10(2)	Where member to whom B10 applies (use of average of 3 years pay for final pay purposes) dies before making an election, whether to make that election on behalf of the deceased member.	Where APF are aware that the member would have been eligible to make such an election, but the member did not have the opportunity to, the most advantageous figure will be automatically applied.
35	TP3(6), TP4(6)(c), TP8(4), TP10(2)(a), TP17(2)(b) & T-Sch 1 & L23(9)	Make election on behalf of deceased member with a certificate of protection of pension benefits i.e. determine best pay figure to use in the benefit calculations (pay cuts / restrictions occurring pre 1 April 2008).	Where APF are aware that the member would have been eligible to make such an election, but the member did not have the opportunity to, the most advantageous figure will be automatically applied.
36	B10(2)	Where member to whom B10 applies (use of average of 3 years pay within the period of 13 years ending with the last day of active membership for final pay purposes) dies before making an election, whether to make that election on behalf of the deceased member.	Where APF are aware that the member would have been eligible to make such an election, but the member did not have the opportunity to, the most advantageous figure will be automatically applied.
37	L22(7)	Whether to select an alternative final pay period for a deceased member (applies to leavers between 31 March 1998 and 31 March 2008).	This discretion will automatically be used if it would result in higher benefits being paid.
38	RSch 1 & TP17(9)(a)	Decide to treat a child (who has not reached the age of 23) as being in continuous full-time education or vocational training despite a break.	APF will treat a child as being in continuous education or training in all cases where the child is under the age of 18. Where the child is aged between 18 and 23, we will ignore all short breaks, including term holidays, but will require annual declarations of a child continuing in education to be completed in all cases for a child’s pension to continue being paid. A gap year will be treated as an interruption in education or training and as such will result in the suspension of a child’s pension, however, this will be restarted if confirmation is received that education / training has resumed.
39	95G11(1) L47(1)	Apportionment of children’s pension amongst eligible children	Where there is more than one eligible child, APF will normally divide a children’s pension equally between them.
40	L47(2) 95G11 (2) B27(5)	Whether to pay the whole or part of a child’s pension to another person for the benefit of the child. (This applies to Pre 01 April 2014 leavers only).	APF will pay benefits to a person managing the affairs in accordance with an enduring Power of Attorney. Where there is no Power of Attorney the Fund reserves the right to accept a signed declaration confirming that the pension will be applied for the benefit of the member, in exceptional circumstances. Where the individual is a child who is under the age of 18, we will normally pay their pension to the person who is responsible for the care of that child on receipt of a signed declaration that the pension be applied for the benefit of that child. Alternatively, this can be paid into a bank account in the name of the child if the carer of that child requests this.
41	95F7	Whether to pay spouse’s pensions for life (rather than ceasing during any period of remarriage or co-habitation).	APF will not suspend spouse’s pensions due to remarriage or cohabitation and, therefore, they will be paid for life.